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Notice

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Corporations Act 2001
Subsection 439A(1)
Insolvency Practice Rules (Corporations) 2016 s75-40(1)

NOTICE OF SECOND MEETING OF CREDITORS OF COMPANY UNDER ADMINISTRATION

Company details

Company: API PT Holdings Pty Ltd ATF The API PT Holdings Trust
ACN: 619 485 415
Company: LVT Capital Pty Ltd ATF The LVT Capital Discretionary Trust
ACN: 603 316 909
Company: Micky Global Pty Ltd
ACN: 638 175 845
Company: PTST Investments Pty Ltd
ACN: 623 542 852
Company: Successful Sales Agency Pty Ltd
ACN: 619 150 999
Status: Administrator Appointed
Appointed: 06 May 2024

Meeting details

Notice is given that a second meeting of the creditors of the Company, or a second meeting for each of the Companies, (for multiple companies), will be held:

Location: Virtually via Microsoft Teams
Meeting date: 11 June 2024
Meeting time: 11:00AM

(If multiple companies, see special instructions for meeting times)

Agenda

The purpose of the meeting(s) is:

  1. to receive the report by the Administrator(s) about the business, property, affairs and financial circumstances of the Company(ies); and
  2. to receive a statement of Administrator(s) opinion and reasons for the opinion:
    1. whether it would be in the creditors' interests for the Company(ies) to execute a deed of company arrangement;
    2. whether it would be in the creditors' interests for the administration to end;
    3. whether it would be in the creditors' interests for the company to be wound up;
  3. to receive a statement of such other information known to the administrator as will enable the creditors to make an informed decision about the matters at paragraphs 2(a) – (c) above;
  4. to receive details of any transactions that appear to the Administrator(s) to be a voidable transaction in respect of which money, property, or other benefits may be recoverable by a liquidator under part 5.7B of the Act
  5. to receive details of any proposed deed of company arrangement; and
  6. for the creditors of the Company(ies) to resolve that:
    1. the Company(ies) execute a deed of company arrangement; or
    2. the administration(s) should end; or
    3. the Company(ies) be wound up.

Other agenda items are:

  1. to determine the remuneration of the administrator(s)
  2. to determine the future remuneration of the administrator(s)
  3. to determine the deed administrator(s) and or liquidator(s) future remuneration if appointed
  4. to consider the appointment of an alternative deed administrator(s) or liquidator(s)
  5. if the company is wound up, to consider the appointment of a committee of inspection and, if so, who are to be the committee members
  6. if the company is wound up to consider the early destruction of books and records
  7. any other business

- to resolve to hold the meetings of API PT Holdings Pty Ltd AFT The API PT Holdings Trust (Administrator Appointed), Successful Sales Agency Pty Ltd (Administrator Appointed), Micky Global Pty Ltd (Administrator Appointed), PTST Investments Pty Ltd (Administrator Appointed), LVT Capital Pty Ltd ATF The LVT Capital Discretionary Trust (Administrator Appointed), Tedesco Property Group Pty Ltd (Administrators Appointed) and Pino Family Pty Ltd (Administrators Appointed) as Trustee for the Pino Family Trust concurrently.

- to approve the Annual Administration Charge (ASIC Levies) of the Administrator.

- if the company is wound up, to appoint the Administrator as Liquidator in the event that a consent to act is received from any alternative insolvency practitioner.

- for the creditors of the Company to resolve that the meeting should be adjourned pursuant to Section 75-140 IPS.

- to consider whether the Liquidator is authorised, pursuant to Section 477(2A) of the Corporations Act 2001, to compromise all debts owed to the company in excess of $100,000.

- to consider whether the Liquidator is authorised, pursuant to Section 477(2B) of the Corporations Act 2001, to enter into any agreements for a period of greater than three (3) months, including entering into any litigation funding agreements to pursue any legal actions that arise from the Liquidation.

Proof of debt and proxies

Creditors wishing to attend are advised proofs and proxies are to be submitted to the Administrator by:

Time: 5:00PM
Date: 07 June 2024

Virtual Meeting Technology

Creditors wishing to attend the meeting using virtual meeting technology are advised they can use the following facility to attend the meeting:

Facility Number: Upon Request
Password: Upon Request


Date of Notice: 31 May 2024

Sule Arnautovic
Administrator

Address Salea Advisory
Level 29, Chifley Tower
2 Chifley Square
Sydney NSW 2000
Contact person Jessica Webb
Contact number 0292932550
Facsimile
Email jessica@salea.com.au
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